My husband was charged for a small amount of weed that was found in our house - I think it was either an old room mates or maybe it was ours from years ago. (cops searched our home after following him into the driveway and ticketing him for no tag light!!) Anyway, he produced drug screens from his job to show he is clean and the city attorney told out attorney he would drop the charges b/c of the drug screen being good - so we paid the attorney 500.00 to go to city court - that day all he did was ask the judge to move the case to county court (otherwise he said he could not get it dropped in City court - rules different??) SO now he wants 1000.00 on top of the 500.00 we already gave him just to go to county court for the same charge. Does this sound right ? I feel like he is sucking us dry! And I also want to know if the prosecuting attorney has already agreed to drop the charges - do we even need to have an attorney at the county date? Any advice ? email me if you need more details
2007-05-11 02:39:51 · 8 answers · asked by Ohwhyme? 2 in Politics & Government ➔ Law & Ethics
yes - we were idiots to allow them in the house after being stopped for traffic violation -- I was the one who told them they could come in but of course I had no idea we had old weed in the house!!!
They search his van 1st and found nothing and still wanted to come in! We used to smoke weed a long time ago and we both produced our clean drug screens from our jobs- all clean for three years, We had a family member we let stay with us so I am thinking she might have left it! But the amount was so small! I am just in shock ! Thanks to all who are trying to actually help! And for all you rude people with your rude comments- go find someone else to pick on! I have no reason to lie - and to be honest I do not have a problem with weed at all !! I think it is the least of our problems in America! I was just asking for some advice because I have never been in a situation like this! So your rude comments are childish and uncalled for ! Thanks again to those who are helping!
2007-05-11 18:34:15 · update #1
An Attorney that represents himself has a fool for a client. Ever hear of that? You should get the police report because like everyone else said they do not just go search your house without a warrant....the reason should be in the report. You should talk to another Attorney about this because you lawyer doesn't sound right. Also wasn't the $500.00 a flat fee? He should charge more but I don't know that situation. Get your report and get another opinion with another lawyer is what I would do.
2007-05-11 08:10:20 · answer #1 · answered by chela0818 3 · 0⤊ 0⤋
If your husband is going to court, the charge has not been dropped. The decision to prosecute is made by the District Attorney and a judge or District Justice, not a defence attorney. It sounds odd that the police would search your home after writing a ticket for for a bad tag light. There is no probable cause to warrant such a search, unless there is more to the story. Try asking the DA and check with other attorneys. There is always the Public Defender option as well, though that option gets mixed reviews. Avoid any deals or pleas,like "no lo contendere" which is really pretty much a guilty plea and taking the mercy of the court.
2007-05-11 02:55:55 · answer #2 · answered by fangtaiyang 7 · 0⤊ 0⤋
I'm curious on why they searched your home without a search warrant? You should of told them no, they needed to get a search warrant to search your home. I don't think the judge would give them one for a taillight out. Something else must of happened. And I think somethings not right with your attorney, you can contact the prosecuting attorney and find out on your own if they agreed to drop the charges.
2007-05-11 02:52:36 · answer #3 · answered by Tab 4 · 1⤊ 0⤋
Well A) Don't have weed in your house
B) Unless you not telling the whole story the cops can't search your house without a warrant, and even a hack lawyer would know that.
C) City vs. County court depends on your local laws.
D) Yes he's sucking you dry, he's a lawyer isn't he?
2007-05-11 02:46:19 · answer #4 · answered by John L 5 · 2⤊ 2⤋
You're right, you're being sucked to the max............!! Did the cops actually find the gear on your husband? NO! Was your husband "clean"? YES!
No, you don't need an attorney @ the county hearing, just a little bum-faced solicitor, or represent yourself
2007-05-11 02:52:45 · answer #5 · answered by aj_truckie 1 · 1⤊ 0⤋
Wow u need to report this to somebody... im not a lawyer but im pretty sure a cop can't search your house for a traffic violation... that is of course unless he asked to and you gave him permission...
If a police officer asks you for permission to search it means that he doesn't yet have authority to search, which is why he asks... there are times when it is legal and prudent to say "no" to the police... the only times a cop can search you house are when he/she has a warrant, you allow them to, or they have probable cause to believe that a crime is being actively committed at that time (ex. they hear someone inside sceaming for help)...
2007-05-11 02:45:51 · answer #6 · answered by Ryan F 5 · 3⤊ 1⤋
Yes lawyers do suck money up outer people.. I was you I do It myself. That if you can prove to the judge your case.
2007-05-11 03:05:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
your lawyer is screwing you, and you need to contact the da
2007-05-11 02:47:52 · answer #8 · answered by skcs11 7 · 0⤊ 0⤋